Over 50% government references cleared by Election Commission within 72 hours: Report

The ruling BJP has frequently pointed to the Model Code of Conduct (MCC) as a barrier to development and governance. However, data compiled by the Election Commission (EC) at the Law Commission's request during a feasibility study on simultaneous polls in 2018 revealed that over half of the government references were swiftly addressed by the EC within 72 hours during the Gujarat and Himachal Pradesh Assembly elections in 2017, and one-third during the Karnataka Assembly elections in 2018, as per a report by Indian Express.

Documents obtained by the publication through the Right To Information Act indicate that the EC, during a meeting with the Law Commission on May 16, 2018, was asked to provide data on response times to references made by Union and state governments during the last three to four elections held that year.

The EC then began compiling data for the Assembly elections in Gujarat, Himachal Pradesh, and Karnataka. While the Himachal Pradesh and Gujarat elections were announced separately, their results were declared on the same day in December 2017.

The Karnataka election results were announced on May 15, 2018, a day before the EC met with the Law Commission. The collected data showed that a cumulative 52 per cent of the 268 "no objection" references received from the Union and state governments during these three Assembly elections were addressed by the EC within 72 hours, IE reported.

The rate of clearance varied across states. During the Himachal Pradesh and Gujarat elections in 2017, the disposal of government references, both from the state and Centre, was faster. For example, 81 per cent of Gujarat-related proposals and 71 per cent of Himachal Pradesh-related references were addressed within the first four days.

However, during the Karnataka elections, only 39 per cent of the references were addressed within the same timeframe, with the rest taking longer. The dataset does not specify the number of approvals or rejections; instead, terms like "cleared" and "replied" are used. Nonetheless, an official involved in the data collection process noted that the majority of government references typically align with bureaucratic norms during the MCC period and therefore receive EC approval easily, the publication noted.

For instance, references made by the Union government during the Gujarat and Himachal Pradesh elections included permissions for broadcasting the Union Agriculture Minister's message on World Food Day 2017, broadcasting Prime Minister Narendra Modi's Mann Ki Baat program in October 2017, the visit of the Defence Minister to Himachal Pradesh, and revising wage rates under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

For the Karnataka elections in 2018, the Union government sought approvals for various purposes, such as releasing funds for the AMRUT mission, another revision of wage rates under MGNREGA, continuation of releasing new LPG connections under the PM Ujjwala scheme, running special trains, and releasing subsidies for electric buses under the FAME scheme of the Ministry of Heavy Industries.

Although the EC has never opposed simultaneous elections, it recently defended the MCC strongly in a communication shared with the Law Commission in March 2023. The EC described the MCC as essential for ensuring a level playing field and credible electoral outcomes, the report further noted.

The MCC, a code containing guidelines for ethical conduct during elections, includes provisions regarding the conduct of the party in power once elections are announced. It prohibits the use of official resources for the political advantage of the ruling party, necessitating that the bureaucracy and public servants refrain from activities that could benefit the ruling party.

The BJP's argument for simultaneous elections centers on the frequent imposition of the MCC during multiple elections, citing its impact on governance. According to the BJP, the MCC's imposition disrupts development programs and activities, IE noted.

In its recent report recommending simultaneous elections, the high-level committee on 'One Nation One Election,' chaired by former President Ram Nath Kovind, highlighted the impact of MCC implementation multiple times in a short span, affecting governance continuity and decision-making processes.

The BJP, in its submission to the Kovind committee, emphasized the hindrance to development posed by the frequent imposition of MCC due to asynchronous elections.